Tuohey v. Yellow Cab Co.

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

Plaintiff, John R. Tuohey, appeals from an adverse summary judgment entered in his personal injury suit. Acting upon the pleadings, plaintiff’s deposition, his answers to interrogatories and defendants’ affidavits, all on file and in the record, the trial court found plaintiff guilty of contributory negligence as a matter of law.

As plaintiff filed no counter affidavits, the only question presented is whether the undisputed facts are susceptible of a single inference and, therefore, present a question of law. (Inland Steel Co. v.…